London Regional Transport Act 1984 (repealed)

10 (1) ) Notwithstanding any repeal made by this Act, sections 23A and 23B of the 1969 Act (right of appeal where Executive refuses to make or vary an agreement authorising a London bus service)— E+W

(a) shall continue to apply in relation to any appeal made in accordance with section 23A which has not been determined or withdrawn before the appointed day and in relation to any appeal under section 23B from the decision of the Secretary of State on any such appeal under section 23A; and

(b) subject to sub-paragraph (2) below, shall continue to authorise appeals to be brought on or after that day against a refusal or failure on the part of London Regional Transport to enter into an agreement to vary the terms of an agreement made under section 23(2) of that Act for the time being subsisting between any person and London Regional Transport.

(2) Sub-paragraph (1)(b) above only applies to any agreement under section 23(2) which is in force immediately before the appointed day or is entered into by London Regional Transport in pursuance of any order made by the Secretary of State on any appeal to which sub-paragraph (1)(a) above applies.

(3) Notwithstanding any repeal made by this Act, but subject to sub-paragraph (4) below, paragraphs 4 to 13 of Schedule 4 to the 1969 Act (provisions with respect to consents for London bus services continued in force or granted under that Schedule) shall continue to apply in relation to—

(a) any consent continued in force or granted under that Schedule which is in force immediately before the appointed day; and

(b) any application for the grant of a consent under paragraph 4 or 5 of that Schedule (consents as of right for certain successors in title) which has not been determined before the appointed day and any consent granted (or deemed by virtue of paragraph 6 of that Schedule to have been granted) in pursuance of any such application.

(4) A consent continued in force or granted under Schedule 4 to the 1969 Act may not be renewed under paragraph 8(1) of that Schedule except on an application made before the appointed day.

(5) Where on the date when any agreement to which sub-paragraph (1)(b) above applies would apart from this sub-paragraph expire there is pending in relation to that agreement any such appeal as is mentioned in that sub-paragraph, that agreement shall not cease to be in force until the appeal is determined or withdrawn.

(6) Where on the date when any consent within sub-paragraph (3)(a) or (b) above would apart from this sub-paragraph expire there is pending in relation to that consent—

(a) any appeal under paragraph 7 or 9 of that Schedule (including paragraph 9 as applied by paragraph 10); or

(b) any appeal under paragraph 12 of that Schedule against the cancellation of that consent under that paragraph;

that consent shall not cease to be in force until the appeal is determined or withdrawn.

(7) In any provisions of the 1969 Act which by virtue of this paragraph continues to apply for any purpose after the appointed day, references to the Executive shall be read as references to London Regional Transport.

(8) So far as relates to the purposes of section 23A of the 1969 Act as that section applies by virtue of this paragraph section 248 of the M1 Road Traffic Act 1960 (power of Secretary of State to hold inquiries) shall have effect as if the repeal made by this Act of words referring to section 23A had not been made.

[F1 (9) In this paragraph and paragraphs 11 and 12 below—

(a) “London Bus Service” has the same meaning as in Part II of the Transport Act 1985; and

(b) “London local service licence” means a London local service licence under that Part of that Act.]

Textual Amendments

F1 Sch. 5 para. 10(9) added by Transport Act 1985 (c. 67, SIF 126), s. 139(2), Sch. 7 para. 27(a)

Marginal Citations

M1 1960 c. 16.

Textual Amendments applied to the whole legislation

F2 Act repealed (prosp.) by 1999 c. 29, ss. 423, 425(2), Sch. 34 Pt. II (with Sch. 12 para. 9(1))